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Manxman in exile

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Everything posted by Manxman in exile

  1. I'm not sure what help you need. Also I don't think anyone is blaming you - they're simply asking for more information and clarity from you in order to try to assist. (Difficult for you if English is not your first language). As I understand it, the staff at the gate did offer you a refund but because you were not entirely satisfied with their attitude there was an "exchange of views" and you got escorted off the station without the refund. Correct? I'd simply write to the TOC's customer service people and ask for a refund. Explain everything simply and in chronological order including what type of ticket you did or did not buy (you could perhaps use my post #27 as an outline but leave out my question about why the ticket office could not refund you). I don't know what you say about being escorted off the station - perhaps that there was confusion because English is not your first language and the gate staff must have believed you were being too confrontational? I don't know... I would not complain about the gate staff and I would not raise the issue of how many other people this may happen to. Just concentrate on getting the refund
  2. I don't have any experience of SARs but I do have experience of working in a NHS trust Finance Dept. To have raised two invoices in March (at least one of them backdated) they would have needed some supporting documentation. I presume this should be whatever you signed notifying you of the charges (if indeed you signed anything). That's what you need to see and it is "interesting" that they seem to be unable to supply you with a copy. (I presume it will come to light under a SAR if in fact it exists - which it may do as you may have forgotten it). If I read your OP correctly, storage started in 2015. If the charges are legitimate you should have been charged for the financial years 2018/19, 2017/18, 2016/17, 2015/16 and (possibly - depending when storage started) 2014/15. But you've only been charged for 2016/17 and 2018/19. Where are the other invoices - or have you got your dates wrong?
  3. Unless you are absolutely certain you did not commit the offence and you want to stick to a "principle", opting for the course is probably a no-brainer. Going to court will be more expensive whether you win or lose (especially if you are self employed). Opting for the course is not the same as saying "I'm guilty" any more than is returning the s172 (which you've already done).
  4. This will be perhaps a stupid question but I'm going to ask anyway... OP goes to departure station but ticket office closed so has to purchase(?) a permit to travel. OP does not see a conductor on the train ,so can't buy ticket. OP reaches destination and has to purchase peak return ticket at gate. OP checks at main ticket office and discovers they've been overcharged at the gate. (Should have been off-peak but OP had not been asked at the gate and OP did not volunteer travel times). OP returns to gate staff to ask for refund. OP was going to get a refund but all goes pear shaped when they consider a refund not good enough. Now for the stupid question: if the main ticket office staff knew the OP had been overcharged, why couldn't they process a refund there and then, rather than sending the OP back to the gate? It's just that being advised to go back to the people who've already overcharged you sounds not quite right to me. Surely ticketing mechanisms are sufficiently sophisticated that you don't have to go back to the point of sale to get a refund? (I'm being unbelievably naïve, aren't I?)
  5. Hi Don't know if the invoice discrepancy is significant or not. I see you've had no further input from dx100uk or BankFodder yet. Have you worked out (or do you know) the deadline for submitting a defence? I think dx100uk said it should be 33rd(?) day after the date of the claim (see their post towards end of page 1). If you've had no further input by the weekend I'd see if there's anyway of contacting them other than this thread if I were you. (I assume you can use the message tool - envelope icon towards top right of screen?)
  6. So if I've read that correctly the debt collection people (and/or the trust) say they've supplied you with copies of everything they have? I'm surprised* they can't supply a copy of (1) your resignation letter and (2) your Employee Termination form, but perhaps they feel they don't need to. If I were them I think I'd want to rely on those to establish when you actually left the trust. (Presumably the copy payslips they've provided don't have a leave date - otherwise you would not have been overpaid in the first place?). They may think it's not necessary to provide this information as you can't really be allowed to query the accuracy of the leaving date in question if you know it's correct. (I presume the leaving date they have used to calculate the overpayment is actually correct?). As I've said before I'm well out of my comfort zone on the question of legal procedure and tactics. Wait for other responses and bump again if no-one else comes back. (You could also try bumping your original thread on MSE for other views). Also again, I wouldn't be too confident of winning this and I think you may end up having to offer another payment plan. * After this passage of time perhaps I'm not surprised that they can't supply them.
  7. Not very helpful, are they. (They may view you as being "awkward".) Make sure (if you can) that you have a record of all your requests for information about the overpayment. May be of use later. As I've said before, I've experience of the mechanisms around NHS overpayments but none of where a trust has actually sued someone. That's why you need to rely on the others for procedural advice and how to defend it, and not on me. I've also never heard of one this old! Couple of questions. (No need to give me answers but BF and dx100uk may need them). 1. BankFodder mentioned in #20 that the people claiming against you should have followed a pre-action protocol. I think you should have received a Letter Before Action (LBA) giving you notice that they would be making a claim. Did they send one? 2. It is your former employer, Whittington NHS Trust (whatever) that is suing you and not a DCA? I think dx100uk posted earlier that you have 33 days (?) from the date of the claim to lodge a defence - so you've got some time yet. I think(?) they also advised you to make sure you do lodge a defence even if you haven't had all the replies by then. Bump the thread if you're concerned you are running out of time.
  8. So that's their previous reply to you? I don't think that would now satisfy a SAR, but I don't know. If you follow the SAR link within this thread it appears to say that it must go to the original creditor and I presume they have to answer it. I'm afraid I can't make any further sensible comment on this aspect as it is mostly new to me. I suggest you follow the SAR link and study it. You'll need to rely on dx100 and BF and others to advise further.
  9. Ah - you've been busy - well done. Don't know if you should approach the trust or solicitors to try to agree some sort of payment plan now or not. I think I'd wait a while to see what your requests for info result in. I think you need to be guided by the other posters here who know more than me. I think the main thing is to make sure you don't miss any deadlines (filing a defence - if the consensus here is that you have one). If it looks like you don't have a defence then is the time to negotiate a payment plan - I would suggest. See what others say.
  10. I'm glad my rather rambling post is considered helpful - I was afraid it may overcomplicate matters. Do as BF and dx100 suggest and make sure you lodge Acknowledgement of service with the court and the 31:14 (?) dx100 has referred to. I think you have copies of the relevant payslips, but if not, ask for them too. I can't remember if NHS payslips will show the receiving bank a/c or not. You could ask again for details of the receiving bank a/c. I don't know but I presume that if you lose the case (which I fear you may) the court can give you some sort of payment plan so that you are not lumbered with having to pay in one go. (I'm sure the others can advise). There's just one other potential complication that's nagging me, but I'll post that separately so as not to cause overload! Potential tax and NI complication I don't know if this may be an issue or not as it's outside my experience. But you may need to be aware of it and keep it in mind. Normally with a salary overpayment the employer recovers the net amount paid to you, and the payroll system then automatically corrects the tax and NI position by adjusting your cumulative deductions for the current tax year. I'm not sure how this would work in your situation as the overpayment happened so long ago that it's possible the payroll system cannot correct for tax and NI. (I presume they would have to set up some sort of dummy record for you on payroll and I'm not even sure if that's possible). What that means is, if the trust can't get back from HMRC the tax and NI they've paid over in respect of the overpayment, they may be trying to recover it from you. This is one of several reasons why you need to see a detailed breakdown of the overpayment and what it is made up of. I'm raising this point because I think from your earlier posts the trust has indicated that they are only recovering the net overpayment, but I wonder if they might be having to recover the gross overpayment because so much time has elapsed. This could be a problem for you as if you have to pay the tax back too, it may now be too late for you to reclaim it from HMRC. I hope you can understand what I'm trying to say. I don't know what the answer is as I've never had experience of chasing an overpayment that is this old. What I would suggest is don't worry about this at the moment, simply follow the advice BF and dx100 give, but simply be aware that there may be an added tax dimension. Hopefully you'll know when you (eventually) see the overpayment calculation. (I think it better to point this out now rather than have it surprise you later). (For BankFodder and dx100uk to consider) The Trust Secretary where I worked was a stickler for the correct maintenance of trust records. We had a comprehensive and prescriptive Document Retention Policy and under that policy written documents like personal files of leavers would be destroyed after six years. (Would still have had electronic payroll records on ESR - the then national NHS integrated HR and payroll system. Not sure how GDPR now impacts on that). In terms of disclosure and SAR, I would not be surprised if original termination forms etc had been destroyed by now, and this might include original overpayment calculations. Of course, one would expect any documentation appertaining to a live overpayment file to be retained if common sense prevailed - but who knows? The history provided by the OP could be said to show that the trust is not exactly on its toes procedure wise. I'm just wondering whether this might help the OP in that it could be difficult for the trust to provide evidence of an overpayment. (Although of course there would be an electronic record of the payments with a leaving date, but perhaps no other evidence of a leaving date - ie a resignation letter or an Employee Termination form). Just speculation on my part - don't know if it's relevant or not. I'll stop posting as I think that is all I can contribute - hope it's not too much...
  11. I can't comment on the procedural advice given here (but if I were in your position this is definitely one of the forums I'd go to for help as I advised you on MSE) but I would make a couple of general observations: 1. You say you aren't sure you've actually been overpaid. I understand that but I'd have to say from my own experience (and I've dealt with NHS overpayments from both sides of the fence) I think it's highly unlikely that the trust would be suing you if you had not been overpaid. So I think it would be prudent to assume that there is an overpayment. (Having said that, it could be a complete cockup by the trust and they just might be wrong.) 2. I know BankFodder has suggested that estoppel might be a possible defence but, again in my experience, it's rarely successful, but (a) see 3. below and (b) other posters on here may have experience of estoppel succeeding. 3. Salary overpayments in the NHS are extremely common and happen all the time. All the trusts I have been connected with have very well-tested procedures for preventing them in the first place or dealing with them when they do happen. As I said on your other thread on MSE, I'm amazed that it took them over a year (is that right?) to identify that you'd been overpaid (although that doesn't necessarily give you a defence in itself - they had six years to chase you). When you handed in your notice, your manager should have completed an Employee Termination form (a form P4 where I worked) notifying payroll and HR of your leaving date. It sounds as if this was not done in time (or got lost) and was not actioned to remove you from payroll. But again, I don't understand why it took over a year to discover the overpayment. To return to estoppel, I wonder whether these failures by the trust together with your change of bank accounts etc etc around the time of the overpayment might strengthen an estoppel defence by you and help to establish that you acted in good faith and could not be expected to notice the overpayment. I don't know. 4. A SAR is a good idea I think. I have no experience of them but I think I would be especially asking the trust for all information surrounding your resignation, why the overpayment happened, and details of how the overpayment has been calculated, and what they've done to chase it up. (If I were you I would be very interested to see a copy of your resignation letter and the associated Employee Termination form. I'd want to see if the resignation letter was date stamped when received and also the dates on the termination form). You'd also want to see any internal communications discussing the overpayment. Whether you can (or should) ask for these in a SAR I don't know - you'll have to rely on more knowledgeable people here to advise on that. Two possible complications re a SAR: first, I don't know how the timescales for a SAR tie in with your need to file a defence within a particular time frame. Second, your old trust's payroll may very well be outsourced to a third party payroll provider and they may hold most of the relevant information concerning the overpayment - especially the calculation. (Maybe that's why the trust has not been helpful in this respect - they don't have the info?). I simply don't know if a SAR to the trust would cover this or whether you'd need to do another SAR to the payroll provider. Hopefully others here with more practical experience can advise. I don't know if this is good advice or not, but I'd contact the trust again on Monday and ask for details of the overpayment and if they won't provide it, ask why not(?). I'd also ask who their payroll provider is so you can SAR them if necessary. I wish you good luck because you are a bit of a victim here, but I don't think your chances are great. Sorry. (See what others advise - that's why I suggested coming here!) EDIT: Cross posted with other posts but think my points are still valid. Also re the Termination form, the trust ought, if I remember correctly, hold a copy on your personal file as well as in payroll and possibly HR. Oh - as per BankFodder and dx100, make sure you lodge your Acknowledgement of Service - I think you've then got some time to sort out a defence (if there is one) but don't miss any deadlines. Again, good luck!
  12. As one of the MSE posters who suggested the OP come here for advice, can I ask whether the OP should be doing a SAR to the claimant, or to her former NHS employer, or both? [EDIT: Sorry - the claimant's name is redacted so it may be her former employer - I'd assumed a third party.] As a former NHS finance manager myself, I'm surprised that her previous employer don't seem to have already provided a breakdown of the overpayment. (Also, the claim refers to an invoice from 2013 which - from my experience - would have been for the full amount to be repaid, but the claim is also asking for interest on this full(?) amount despite the OP having made some repayments?)
  13. I agree with Jamberson and Gick that the OP's posts are so confused and contradictory that it's impossible to make sense of them. The OP says he appealed, not the RK, but says he used the RK's address. In the OP he says he was not the driver but in a later post he says he was. In the OP he says he has managed to get proof(?) that he was the owner but says in #5 that it's a friend's car. OP - you need to follow Michael Browne's advice in #4. Create a structured timeline (numbered paragraphs would help) explaining what has happened, what paperwork you have received and what replies you (or your friend?!) have made. Keep the sequence of events in order.
  14. Oh, one other thing. Once your wife has returned her own NIP/s172, if she is offered a fixed penalty, she must comply with all the conditions. One of these will be to send in her driving licence. She must do this and should get a free certificate of posting from a post office. Many people fail to send in their licence (they just pay the penalty and think that's it) and then still get prosecuted for the speeding offence. (When that happens, the penalty is refunded to them).
  15. I've just realised the next step will be for GMP to send a separate s172 request to your wife asking her to confirm she was the driver. She must respond to this within the necessary timescale - it is irrelevant you have already named her. If she does not reply to that request, she is committing a more serious offence than the speeding. I would suggest that she responds promptly as any delay will eat into the time available to offer her a speed awareness or conditional offer if she is eligible. If that opportunity is lost because of delay in replying, she'll likely be prosecuted for the speeding.
  16. So you responded to the s172 request for details (naming your wife) in respect of an alleged speeding offence committed only three weeks ago. As explained above, GMP have to start proceedings against you within 6 months of the speeding offence. Can I suggest you may be being a bit impatient (you seem to have sent your first enquiry email just 12 days after the offence) and you are being a bit unreasonable in expecting a response so quickly and in sending them three follow up emails. You (or rather your wife) may be lucky and get offered a speed awareness course or may get a Conditional Offer of a Fixed Penalty. Unfortunately, nobody here can advise you on that because you have not provided any details to us (eg alleged speed, speed limit, number of points on wife's licence, has she done a speed awareness course in the last three years?). Nobody here has asked you to provide details and a timeline to GMP; it was a request to give posters here the details and timeline in order to give you relevant advice. GMP will not be interested in the information in your latest email. The good news is that if they offer a speed awareness course or a conditional fixed penalty, they may do so quite quickly. But if these offers are not accepted by your wife, they still have up to 6 months from the date of the offence to prosecute her for speeding. The other good news is that you do actually have an email trail which tends to support the fact that you will have returned the s172 request on time. (You will recall from my earlier post that it may have gone astray. If they haven't received it, your emails should prompt them to follow it up). I understand you may suffer from anxiety and this is all very uncertain, but GMP are extremely unlikely to move any quicker than usual because you keep contacting them - indeed, it may annoy them. If I were you I'd wait to see what arrives. It might be a couple of weeks with good news or it might be a notice of prosecution that you receive in about six months. It's outside of your control - don't fret on it. (You didn't answer my question if you had proof of posting when you returned the s172 request. If you don't have proof, the only reason for you to contact GMP is to ask them to confirm they received it)
  17. As others have posted, without any details or a timeline (which you have not provided) it's very difficult to advise. They have up to six months from the date of the offence to start court proceedings, and you may not receive notification of this until a week or so later (so you may not know 'til about seven months after the offence). As others have said, failure to identify the driver is a more serious offence than the speeding. If I were you, I might be worried whether my response naming the driver had gone astray in the post and not been received. Have you got proof of posting? I might want to contact them to confirm it's been received - but without any dates it's difficult to know. (On the one hand, you don't want to leave it assuming they've received if they haven't, and then find you're prosecuted for failing to identify the driver. On the other hand, you don't want to jog their memory if they've received it but overlook it until the six months runs out - but this is extremely unlikely.)
  18. If you are a nice person (I'm sure you are) I'd take this opportunity to point out to the trust that this presents them with a learning opportunity to put better processes and training in place. But if you wanted to put the boot in...(1) I'd tell them it's totally unacceptable that management ignored your complaint until you involved your MP, and (2) how are they going to set about ensuring that all the other wrongfully issued tickets that early morning will be cancelled? That second point is the sort of thing your local rag would love to know about! But you're a nicer person than I am... I'll leave it up to you to decide!
  19. Oh well done! Ten out of ten for perseverance! I don't know if I mentioned it on this thread or another one, but an enquiry from the local MP almost always guarantees immediate action. (Unfair, I know, but you have the proof how effective it can be).
  20. #171 Bearing in mind this was two months ago, the length of this thread and the many opinions expressed therein, it would be nice to hear from yogi to know how this has progressed. I still suspect a clerical error on the mileage, and even if it wasn't, the purchase price (£18k) seems a good price to pay for a car valued at £21200 (car check report #10).
  21. When Man in the middle suggested (#3) you offer to plead guilty to the speeding charge, you never replied to say that you were only charged with failure to provide driver details. Am I right to think you have not been charged with speeding? That makes defending the failure to provide more difficult. You'd have to satisfy the court you never received the request, or had a very good reason for not replying and naming the driver. Presumably you never received notification of the original trial where you were found guilty in your absence of failing to provide details? As I asked in #2, have you any evidence of other mail addressed to you going astray, is your address on the V5 correct?
  22. Are you in court to do the stat. dec., or have you already done that and they are now prosecuting you? If you are doing the stat dec now, I think Man in the middle's advice still stands. You do the stat dec, and they try to prosecute you immediately, you plead not guilty and the case should(?) be adjourned. Then at the subsequent trial you meet the prosecutor beforehand and offer the plea bargain (I'll plead guilty to the speeding if, and only if, you agree to drop the FtF charge). AIUI, this is almost always accepted. If you already did the stat dec before your current court appearance and this is now the adjourned prosecution, I'm a bit surprised you haven't been "allowed" to speak to the prosecutor. The problem might be that the speeding offence has timed out (they basically have 6 months to start proceedings) and their view is that you can't plead guilty to that now because you haven't been charged with it, and their only chance is to convict you of FtF. (EDIT: Even then I'd offer to plead guilty to speeding if they would drop the other charge - worth a try. I'm assuming it was you who was driving the car caught speeding?) Have you been charged with both speeding and failure to provide details of the driver, or just failure to provide? (Not clear from your OP.)
  23. You might be better asking for your thread to be moved to the Employment board.
  24. Ok - looks like you've done what I'd have done re the hospital. I'd keep at them though. You'll have to rely on advice from others regarding Parking Eye as I know nothing about private parking charges.
  25. Just looked at their website - not obvious where E&F is - may be contracted out. Also not obvious where you send complaints to - although it says you should get an acknowledgement within three days with a 'phone number to discuss it with if you want to - see Complaints FAQ. (EDIT: Sorry there is an address: https://www.uhcw.nhs.uk/contact-us/did-we-get-it-right/ I see their values include Compassion, Improve, Learn and Respect... I don't think you can separate the experience of relatives from that of patients. (It seems to be implied that you need to be a patient to complain). Good luck PS - there must be an admin dept that deals with parking. Have you tried ringing the main switchboard and asking? (Sorry if you've already covered that above).
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